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TWO:On the 6th of May Lord Pelham communicated to the Lords, and Mr. Addington to the Commons, another message from his Majesty, informing them that he had ordered Lord Whitworth, our Ambassador, to quit Paris immediately, unless he saw a prospect of closing the negotiations with the First Consul within a certain date; and that M. Andreossi, the French Ambassador, had applied for his passport, in order to quit London when Lord Whitworth should quit Paris. In consequence of the uncertainty of the result there was an adjournment, and then a second; but on the 16th of May all suspense was terminated by the announcement of Ministers that Lord Whitworth had quitted Paris, and M. Andreossi London. The papers which had passed between this Government and France, in the late negotiations, were ordered to be produced, and an Order in Council was issued, directing reprisals to be granted against the ships, goods, and subjects of the French Republic, and also for an embargo not only on all French ships in British ports, but on all Dutch vessels, and vessels of any Power under the military rule of France. Britain was once more at war. On the 17th of June the king announced, by message, that, in consequence of the Batavian Republic refusing to order the French troops to quit Holland��which, indeed, would have paid no attention to such orders��he had recalled his Ambassador from the Hague and had issued letters of marque and reprisals against that Republic. Thus, we were also at war with Holland. At the same time a demand was made for a grant of sixty thousand pounds, and a pension of sixteen thousand pounds per annum to the Prince of Orange, the ex-Stadtholder, on the plea that he was an exile and destitute; and the grant was voted. Parliament was now daily occupied in passing fresh measures for the defence of the country. It was voted, on the 20th of June, that a reserve army of fifty thousand should be raised by ballot, like the militia; and, indeed, it was no other than the extension of the militia: for during the war this division was to serve only in Great Britain, Ireland, and the Channel Islands. On the 18th of July it was proposed to pass a Bill[489] enabling his Majesty to raise a levy en masse in case of invasion. Pitt strongly supported it, and proposed fresh fortifications on the coasts.Chatham had begun to ponder the proceedings of Ministers towards America and towards Wilkes, or rather his constituents, as soon as the returning activity of his mind permitted him. The conduct of the Duke of Grafton, who had taken the lead during his retirement, did not escape his censure. He had too easily fallen into the demand of the Cabinet for severe measures in both those cases. No sooner, therefore, did Chatham appear than he launched the whole thunder of his indignation, and such was still his power that he shattered the Cabinet to atoms. No sooner was the Address to the king moved and seconded, than he rose and passed, with some expressions of contempt, from the mention of the horned cattle to the more important topics. He drew a dismal picture both[198] of the domestic condition and the foreign relations of the country. He glanced at the manner in which the Treaty of Paris had been made, the abandonment of the King of Prussia, and the consequent isolated condition of the kingdom, without a friend or an ally. But bad as the external affairs of the nation were, he described the internal as far worse. There everything was at discount. The people were partly starving and wholly murmuring; the constituencies were alarmed at the invasion of their rights in the case of John Wilkes; and the colonies were on the very edge of rebellion. Such was the condition to which the Government in a short time had reduced the commonweal. More than all did he condemn the policy pursued towards America. He protested against the term "unwarrantable," as applied to the conduct of the colonists; proposed to substitute the word "dangerous." He owned that he was partial towards the Americans, and strongly advocated a system of mildness and indulgence in their case.

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ONE:The other charges having been voted, on the 25th of April Burke brought up the articles of impeachment. There was a long debate, in which Wilkes, who had completely changed his politics, and had cultivated a friendship with Warren Hastings and his wife, made a very effective speech in his defence. He tried to shift the blame from Hastings to the Company. Pitt again pointed out the fact that honourable members had not been showing the innocence of Hastings, but raising all manner of set-offs for his crimes��a course which he had before said he had hoped would have been abandoned; that for his part,[339] without going to the length of all the charges brought forward, he saw sufficient grounds for an impeachment. He could conceive a State compelled by sudden invasion and an unprovided army, to lay violent hands on the property of its subjects, but then such a State must be infamous if it did not, on the first opportunity, make ample satisfaction. But was this the principle on which Mr. Hastings had acted? No; he neither avowed the necessity nor the exaction. He made criminal charges, and, under colour of them, levied immoderate penalties, which, if he had a right to take them at all, he would be highly criminal in taking in such a shape; but which, having no right to take, the mode of taking rendered much more heinous and culpable.In return for this favour, Clive obtained one of infinitely more importance. It was the transfer of the sole right of dominion throughout the provinces of Bengal, Orissa, and Bahar. All that vast territory was thus made the legal and valid property of the East India Company. The conveyance was ratified by public deed, which was delivered by the Great Mogul to Clive in presence of his court, the throne on which he was elevated during this most important ceremony being an English dining-table, covered with a showy cloth. And of this prince��who was entirely their own puppet��the British still continued to style themselves the vassals, to strike his coins at their mint, and to bear his titles on their public seal! Clive saw the immense importance of maintaining the aspect of subjects to the highest native authority, and of avoiding alarming the minds of the native forces by an open assumption of proprietorship. By this single treaty, at the same time that he had freed the Company from all dependence on the heirs of Meer Jaffier, he derived the Company's title to those states from the supreme native power in India; and he could boast of having secured to his countrymen an annual revenue of two millions of money. Thus began a system which has played a leading part in our Indian history.

ONE:The feeling of humanity that gained ground among the masses powerfully affected the middle classes. The consequence was that the state of public feeling produced by the practical inculcation of Christianity and the diffusion of knowledge compelled our legislature to change its system, despite the obstinate resistance of Lords Eldon and Ellenborough, hardened by a long official familiarity with the destructive operation of legal cruelty. How fearful the amount of that destruction was we may infer from the calculation of Mr. Redgrave, of the Home Office, who stated that had the offences tried in 1841 been tried under the laws of 1831, the eighty capital sentences would have been increased to 2,172. Mr. Redgrave gave the following succinct history of the mitigation of the criminal code during the reigns of George IV. and William IV., in a series of enactments which were extorted from a reluctant Legislature by society, humanised through the education of the masses:��In 1826, 1827, and 1828 Sir Robert Peel carried several very important Bills for the consolidation and amendment of the criminal laws, but these Bills did not abolish capital punishments. That statesman, indeed, made it a matter of boast that he did not constitute any new capital felonies, and pointed out an instance in which he had abated the capital punishment by increasing from 40s. to ��5, the sum of which the theft in a dwelling-house constituted a capital offence, and by widening the technical description of a dwelling. In 1830 Sir Robert Peel brought in his Forgery Bill, and petitions were poured into the House from all quarters against the re-enactment of the severe penalties for this offence. Sir James Mackintosh again took up the subject, and moved that the capital punishment be struck out from the Bill. He was unsuccessful; but in the last stage of the measure Mr. Spring-Rice was enabled to defeat the Ministry by a majority of 151 to 138, and to remove the sentence of death from the Bill. It was, however, restored by the Lords, and the Bill, as altered, was suffered to pass the House of Commons at the end of the Session. In 1832 two most important Bills for abolishing capital punishments were passed. Mr. Ewart, assisted by the Government, was able to carry a Bill abolishing the punishment of death in cases of horse, sheep, and cattle stealing, and larceny in a dwelling-house. He was opposed by Sir Robert Peel, and an amendment was made in the Lords, subjecting these offences to the fixed penalty of transportation for life. At the same time, Ministers brought in a Bill for abolishing capital punishment in cases of forgery. The Bill was introduced into the Commons by the Attorney-General, and into the House of Lords by the Lord Chancellor. It passed into law, but an amendment was made in the House of Lords, under protest of the Lord Chancellor, exempting the forgery of wills and powers of attorney to transfer stock, which offences were left capital. In 1833 Mr. Leonard carried his Bill for abolishing capital punishment for housebreaking, executions for which offence were continued down to 1830. In 1834 Mr. Ewart carried a Bill for abolishing capital punishment for returning from transportation, and in the following year for sacrilege and letter-stealing. This was the state of the criminal law when Lord John Russell brought in Bills for its mitigation, founded on the report of a committee which Government had appointed. The little progress which Sir S. Romilly and Sir J. Mackintosh had made in opposition to the Governments of their day will be seen by the foregoing sketch, as well as the extensive and salutary changes which followed. Lord John Russell's Bills effected an extensive abolition of the sentence of death, and a mitigation of the secondary punishments. He was enabled to abolish capital punishments in all cases but murder and attempts to murder where dangerous bodily injuries were effected; burglary and robbery when attended with violence or wounds; arson of dwelling-houses where life was endangered; and six other offences of[427] very rare occurrence. The number of capital convictions in 1829 was 1,385; and in 1834, three years after the extensive abolition of capital punishments, the number was reduced to 480.

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